Provision

Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court of Justice for any offence [or lawfully committed to custody], intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished as follows, that is to say:-
with [imprisonment for life] or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or
with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who, ought to have been apprehended, is subject, by a sentence of a Court of Justice, or by virtue of a commutation of such sentence, to [imprisonment for life] imprisonment for a term of ten years or upwards; or
with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement, or who ought to have been apprehended is subject, by a sentence of a Court of Justice, to imprisonment for a term not extending to ten years [or if the person was lawfully committed to custody].


Simply put

This section penalises a public servant who is bound to apprehend a person under a sentence or who has been lawfully committed but intentionally omits to do the same. It says that whoever, being a public servant, legally bound as such either to apprehend or to keep in confinement any person who has been sentenced by a court of justice for any offence or lawfully committed to custody, either intentionally omits to apprehend him, or intentionally suffers him to escape, or intentionally aids him in escaping or attempting to escape from such confinement, shall be punished with either imprisonment for life or with simple or rigorous imprisonment for a term extending up to 14 years, with or without fine, if such person as stated above is under sentence of death; or with simple or rigorous imprisonment for a term extending up to 7 years, with or without fine, if such person as stated above is by virtue of a commutation of such sentence to imprisonment for life, or to imprisonment for a term of 10 or more years; or with simple or rigorous imprisonment for a term extending up to 3 years, or with fine, or with both, if such person is subject to imprisonment for a term not extending to 10 years or if he was lawfully committed to custody.



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